Nolechek v. Gesuale

In Nolechek v. Gesuale (46 NY2d 332, 341 [1978]), presented with a situation in which a parent placed a dangerous instrument, namely, a motorcycle, into the hands of a child who was blind in one eye and vision impaired in the other, and who died in a tragic accident, that Court carved out what it described as a "sound exception" to the "sound rule of the Holodook v. Spencer case." Thus, the Court of Appeals held that "[a] parent who entrusts an infant child with a dangerous instrument creates a danger to all society," and that "[i]t would be repulsive to permit, under the guise of protecting intrafamily relations, such a parent to escape all liability to a 'concurrent' tort-feasor who suffers financial harm as a consequence of the child's inappropriate use of the dangerous instrument and resulting injury" ( id., at 341). The Court of Appeals held that parents may owe some duty to third parties to protect against their children's improvident use of a dangerous instrument. The Nolechek case involved a situation where a father sued various defendants for the wrongful death of his son, who died in a motorcycle accident. The Court permitted a claim for contribution against the father by reason that his son was a 16 year old who did not possess a valid operator's license. The motorcycle his son was operating was neither registered nor inspected. In addition, his son was blind in one eye, and vision impaired in the other. The Court stressed the foreseeable nature of an accident under such circumstances.